Section 7 Legal Issues Regarding Discipline

Since the foundation of the public school system during the nineteenth century, many

laws have been put in place to protect the rights of students as well as the rights of all

stakeholders that are involved in the public educational system. Teachers, students, parents, and

the community all have their own versions of these laws and they may vary individually by state.

However, there are many specific laws that have been established in California and those

detrimental laws may have an effect on the daily lives of all the stakeholders involved. One of

these important laws is known as The Family Educational Rights and Privacy Act (FERPA).

This law addresses the rights of students and their parents or guardians until the students reach

the age of eighteen. Under FERPA, parents and guardians will have the right to access

information that has to do with the educational records of their child. Once a child reaches the

age of eighteen, the student is the only one who may access his or her own educational records.

Furthermore, under FERPA, a school is required to disclose any records of the student within 45

days of a request. However, the law does not require disclosure of any information related to

school calendars or curriculum because this specific information does not relate directly to the

student. FERPA was mainly created in order to ensure that schools maintain fair records of the

educational background of a student (California Department of Education, 2018).

Student rights are also the responsibility of the local education agency (LEA). The

education code of California ensures that students are free of any form of discrimination. Since

public education is a fundamental right of every student in this country, the Constitution of

California must ensure that students are protected against any form of discrimination on the basis

of disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion,

sexual orientation, or anything else that may be referred to as a hate crime. Furthermore, another
responsibility of the LEA is to adopt any policies that prohibit harassment or bullying and to

ensure that the faculty of the school will take necessary steps towards stopping and preventing

this type of behavior. The responsibilities of the LEA also require the rights to investigating any

reports that pertain to harassment as well as the announcing information annually to all

stakeholders any new policies or complain procedures that involve harassment or discrimination

(California Department of Education, 2018).

When referring to the safety of students, teachers are also required to report any sign of

abuse or neglect in order to ensure the child continues on a safe academic journey. Child abuse

or child neglect can refer to any type of injury, whether it be physical or non-physical. Examples

of this type of abuse can refer to any physical injuries, sexual abuse, endangerment towards the

health of the child, corporal punishment, and any injuries resulting in trauma. Teachers and

school faculty should be aware that suspicion alone may be enough cause to report any type of

abuse and that witnessing any actual acts of neglect or abuse is not necessary. Some major

warning signs of child abuse can be observed by simply noticing any changes in the student’s

behavior. Unexplained injuries such as bruises, anxiety, withdrawn behavior, inappropriate

clothing, bad hygiene, constant tardiness or absence, and a fear of going home are some, but not

all, possible examples of child abuse or neglect. Although teachers and school faculty are

required to report any suspicion of abuse, community members and school volunteers, although

not required by law, are also encouraged to report any type of incidences as well (California

Department of Education, 2018).

Along with the rights of the students and parents, teachers have their own list of rights as

well. Although public school teachers tend to have more rights than private school teachers, there

are also some federal laws that still protect all educators in California. For example, all educators
share the same rights when referring to laws against discrimination and due process which

prevents a private school from firing a teacher without cause or notice. However, public school

teachers enjoy rights such as teacher tenure. Once a teacher has attained tenure, they will have

some added protections against demotion and salary reduction. However, tenure does not ensure

that a teacher can automatically retain their position and neither does it guarantee permanent

employment. Public school teacher also share the right to union and union representation. For

example, teachers should never sign any documents relating to discipline without consulting

their union representative. Teachers are also allowed a minimum of ten sick/personal leave days

depending on how many hours they work in a year. Teachers are also not allowed to be

terminated based on a temporary leave due to physical or mental incapacity (Education Rights,

2011).

LAUSD Parent/Student Handbook

The parent/student handbook for the Los Angeles Unified School district is available

online for any person that requires any information regarding rules, standards, testing, and any

topics related to education within the district. There are also clear definitions of the standards on

school dress codes. The dress codes states that student clothing and appearance should be clean

and not cause any sort of distraction or create any health hazards. The handbook also states that

the use of cellular phones is prohibited during normal school hours. Students are allowed to bring

cell phones to school, but they must be turned off and stored in a locker, backpack, purse, pocket,

or other place where it is out of sight. Cell phones are to be put completely away in situations

such as state or national testing. The book also contains a plethora of information in regards to

procedures involving locker searches, tardiness, absences, and harassment/bulling polices

(LAUSD Parent Student Handbook, 2016-2017).